Digital Commons Network^™

Constitutional Limits On Evidentiary Forfeiture By Wrongdoing Among Conspirators, Christopher Petroni

UC Law Journal

Four recent decisions in the federal courts of appeals have combined the evidentiary doctrine of forfeiture by wrongdoing with imputed substantive criminal liability among conspirators under Pinkerton v. United States. According to this augmented rule—called the “Cherry rule” after the Tenth Circuit opinion that first enunciated it—a witness’s out-of-court statement is admissible against a defendant if a co-conspirator wrongfully silenced the witness in a manner that was within the scope and in furtherance of the conspiracy, and was reasonably foreseeable. This expansion of the forfeiture by wrongdoing doctrine is inconsistent with the Sixth Amendment’s Confrontation Clause for two reasons: it …

Probing The Law On Probation: Suggestions For Reform, Darius Chan

Research Collection Yong Pung How School Of Law

To any criminal law practitioner, the Court’s power to grant probation as a sentencing option is of significant importance. Probation represents, to their clients, the key out of incarceration.Section 5 of the Probation of Offenders Act (Cap 252, 1985 Rev Ed) (“POA”) sets out the power of the Singapore Courts to grant probation. Section 5 uses three peculiar terms to create three categories of offences, namely:1. Sentences which are “fixed by law”; 2. Sentences carrying “specified minimum sentences”; and 3. Sentences carrying “mandatory minimum sentences”.For the latter two categories of offences, the Court can only grant probation if the offender:1. …

Building Legal Competency: Foundations For A More Effective Criminology And Criminal Justice Discipline, Claire Nolasco, Rolando V. Del Carmen, Kevin F. Steinmetz, Michael S. Vaughn, Aneta Spaic

Criminology and Criminal Justice Faculty Publications (Archived)

This article argues for the need to build legal competency in the discipline of criminal justice and criminology through incorporating law courses in its PhD program curriculum, whether as black letter law (i.e. criminal law, criminal procedure, courts), sociology of law, or socio-legal studies (i.e. law and society courses). Through requiring law courses as a necessary and integral part of the curriculum, and recognizing the mainstream impact of these courses, the discipline stands to enrich the field of legal studies in criminology and criminal justice. The discipline’s need and demand for law trained tenure track faculty with PhD credentials can …

The Challenge Of Co-Religionist Commerce, Michael A. Helfand, Barak D. Richman

Duke Law Journal

This Article addresses the rise of "co-religionist commerce" in the United States—that is, the explosion of commercial dealings that take place between co-religionists who intend their transactions to achieve both commercial and religious objectives. To remain viable, coreligionist commerce requires all the legal support necessary to sustain all other commercial relationships. Contracts must be enforced, parties must be protected against torts, and disputes must be reliably adjudicated.

Under current constitutional doctrine, co-religionist commercial agreements must be translated into secular terminology if they are to be judicially enforced. But many religious goods and services cannot be accurately translated without religious terms …

Home Rules, Sarah Swan

Duke Law Journal

Thousands of American cities and towns are responding to social problems like bullying, drug abuse, and criminality by passing ordinances that hold individuals responsible for the wrongful acts of their family members and friends. Parental liability ordinances impose sanctions on parents when their children engage in bullying or other targeted behaviors; mandatory terms in rental housing leases require the eviction of tenants whose family members, friends, or guests engage in unlawful acts; and nuisance ordinances require evictions when a threshold number of calls to police is exceeded, even though such calls are often related to another person's wrongful or abusive …

Conspiracy And The Fantasy Defense: The Strange Case Of The Cannibal Cop, Kaitlin Ek

Duke Law Journal

In the notorious "Cannibal Cop" case, New York police officer Gilberto Valle was accused of conspiring to kidnap, kill, and eat various women of his acquaintance. Valle claimed a "fantasy defense," arguing that his expression represented not conspiracy agreement, but fantasy role-play. His conviction and subsequent acquittal raised questions about the freedom of speech, thoughtcrime, and the nature of conspiracy law. Because the essence of conspiracy is agreement, it falls into the category of crimes in which pure speech is the actus reus of the offense. This Note argues that as a result, conspiracy cases in which the fantasy defense …

Challenging The Exclusion Of Gambling Disorder As A Disability Under The Americans With Disabilities Act, Kathleen V. Wade

Duke Law Journal

The Americans with Disabilities Act explicitly excludes "compulsive gambling" from its definition of disability, thus denying gambling addicts protection from employer discrimination based on their disorder. Since the enactment of the ADA, however, scientific understandings of gambling disorder have evolved to view the condition as an addiction, rather than as a compulsion or impulsecontrol disorder. This move is mirrored in the DSM-5's reclassification of gambling disorder under the category of "substance-related and other addictive disorders."

This Note contends that gambling disorder would qualify as a "disability" under the ADA, were it not for the disorder's current statutory exclusion. This Note …

Creating A Legal Research Audit: Assessing Competency, Mary Jenkins, Gail Partin, Sally H. Wise

Articles

No abstract provided.

Children's Media Making, But Not Sharing: The Potential And Limitations Of Child-Specific Diy Media Websites, Sara Grimes, Deborah A. Fields

Instructional Technology and Learning Sciences Faculty Publications

From drawing pictures to making home movies, children have long produced their own, do-it-yourself (DIY) media at the individual and local scales. Today, children's DIY media creation increasingly takes place online, using digital technologies and tools that allow them to not only produce but also share their ideas with the world. This article relays findings from the first stages of a three-year inquiry project into the opportunities and challenges associated with the rise of children's online DIY media: an extensive media scan to identify websites and an in-depth content analysis of the terms and conditions, privacy policies and overall site …

Sagp Newsletter 2014/15.2 Central, Anthony Preus

The Society for Ancient Greek Philosophy Newsletter

No abstract provided.

Hassle, Jane Bambauer

Michigan Law Review

Before police perform a search or seizure, they typically must meet the probable cause or reasonable suspicion standard. Moreover, even if they meet the appropriate standard, their evidence must be individualized to the suspect and cannot rely on purely probabilistic inferences. Scholars and courts have long defended the distinction between individualized and purely probabilistic evidence, but existing theories of individualization fail to articulate principles that are descriptively accurate or normatively desirable. They overlook the only benefit that the individualization requirement can offer: reducing hassle. Hassle measures the chance that an innocent person will experience a search or seizure. Because some …

Conflicting Requirements Of Notice: The Incorporation Of Rule 9(B) Into The False Claims Act's First-To-File Bar, Brian D. Howe

Michigan Law Review

Intended to prevent fraud against the government, the False Claims Act (“FCA”) contains a qui tam provision allowing private individuals, known as relators, to bring suits on behalf of the government and receive a portion of the damages. At the heart of the qui tam provision lies the first-to-file bar, which provides that, once a first relator has filed a complaint, subsequent relators are prohibited from coming forward with complaints based on the facts underlying the first relator’s pending action. A circuit split has recently emerged regarding the incorporation of Federal Rule of Civil Procedure 9(b)’s heightened pleading standard into …

Establishing Policy Foundations And Regulatory Systems To Enhance Nursing Practice In The United Arab Emirates, Sharon Brownie, Lyndal H. Hunter, Salah Aqtash, Gary E. Day

School of Nursing & Midwifery, East Africa

In 2009, the United Arab Emirates (UAE) established a Nursing and Midwifery Council with a mandate to develop standards for the registration and regulation of nursing and midwifery and to strengthen the nursing and midwifery workforce. Priorities included workforce Emiratization and the development of regulatory standards to support advanced and speciality nursing practice and new models of care—particularly for the management of noncommunicable diseases. This article provides background, context for, and best practice inputs to the effort to provide one unified framework of nursing regulation and licensure across the whole of the UAE. This article is intended for nurse leaders, …

Community Journalism And Civic Engagement In Egypt: The Case Study Of Sahafet Welad El-Balad Project, Rasha Saad Tawfik

Theses and Dissertations

While Egypt enjoyed a heritage of local community press, genuine professional endeavors were nearly non-existent till recently. However, with Egypt undergoing a transitional phase, the emergence of community journalism became central to facilitate the shift into a more democratic state. Hence, this study explores the relation between community journalism and civic engagement in Egypt through examining a case study, El-Fayoumeya newspaper published as part of Sahafet Welad El-Balad media project. The study also discusses the state of community journalism in Egypt and the government's media policies related to the issue. This includes an assessment of the state of community journalism …

Multilevel Multistate Hybrid Voltage Regulator, Abdullah Amgad Abdulaziz Abdulslam

Theses and Dissertations

In this work, a new set of voltage regulators as well as some controlling methods and schemes are proposed. While normal switched capacitor voltage regulators are easy integrable, they are suffering from charge sharing losses as well as fast degradation of efficiency when deviating from target operation point. On the other hand, conventional buck converters use bulky magnetic components that introduce challenges to integrate them on chip. The new set of voltage regulators covers the gap between inductor-based and capacitor-based voltage regulators by taking the advantages of both of them while avoiding or minimizing their disadvantages. The voltage regulator device …

Obesity Interventions In Egypt: Identifying Gaps And Highlighting Assets, Hana Shahin

Theses and Dissertations

Worldwide, obesity is a growing epidemic and a leading non-communicative disease. Egypt has high levels of obesity, causing harm to both individuals and society at large. Data on obesity in Egypt includes measures of obesity rates, comorbidity, and consequences, but there is little documentation on obesity interventions. This is in large part due to the fact that obesity is overlooked by the Egyptian government and culture. This study aimed to collect data on available programs and interventions in Egypt, to explore assets and challenges to obesity programming, and to ask for recommendations for combatting obesity. Semi-structured interviews were conducted with …

Lay Counselors Experiences With Counseling Their Peers; The Impact Of Being A Lay Counselor And Providing Therapy To Traumatized Sudanese Refugees In Cairo, Baher Ibrahim

Theses and Dissertations

This research is a qualitative study into how lay counselors are affected by their training in and practice of a community-based lay counseling intervention. A group of refugees from a Sudanese refugee community in Cairo, Egypt were trained in Narrative Exposure Therapy and subsequently provided it to members of their community suffering from post-traumatic stress disorder (PTSD). Narrative exposure therapy (NET) is a short-term psychotherapy based on the principles of cognitive behavioral therapy (CBT), exposure therapy and testimony psychotherapy. NET has been shown to be effective in relieving symptoms of PTSD in refugees. After completing the training and completing NET …

Removal Of Lead From Industrial Wastewater Using A Low Cost Waste Material, Hayam Ahmed Talaat Amer

Theses and Dissertations

Several industries utilize heavy metals in their industrial processes, eventually discharging them in their wastewater. Water contamination by heavy metals is a major environmental problem due to their acute toxicity and their accumulation in food chains. Therefore, intensive research work has been carried out lately on the feasibility of various low cost materials for the removal of heavy metals from wastewater. The main objective of the current research was to examine the potential of a low cost material for the removal of Pb2+ from a synthetic lead solution. The research work was divided into three core phases. Phase I was …

Evaluation And Implementation Of A 5-Level Hybrid Dc-Dc Converter, Farid Khaled El-Sehrawy

Theses and Dissertations

In this work, a hybrid voltage regulator topology is analyzed, implemented, and evaluated. The common topologies of DC-DC converters have proven to be lacking in some aspects, such as integrability for buck converters, or maximum efficiency for switched-capacitor regulators. The hybrid topology tackles these shortcomings by combining the advantages of switched-capacitor and inductor-based voltage regulators. A 5-level buck converter is evaluated, implemented, and compared to other converter implementations using the same components. The 5-Level Buck converter can achieve 5 different levels, allowing it to cover 4 operation regions, each between 2 levels. Accordingly, it covers a wide range of output …

The Role Of Non-Governmental Organizations In Addressing Street Children In Egypt, Reem Elmenshawy

Theses and Dissertations

Both governmental and non-governmental organizations (NGOs) have initiated programs to support street children. Despite the fact that the number of NGOs working with this group of children is not large; estimated between 25-35 NGOs, they have existed in Egypt for more than twenty five years and have developed many interventions for street children. There is very limited literature that documents this role so far. This study addresses this gap in literature through studying the role of NGOs in Egypt in developing effective interventions for street children. It discusses the current practices of the NGOs, the obstacles they face in their …

Using Games To Learn Vocabulary In Arabic As A Foreign Language Classroom: A Study Of Teacher And Student Beliefs, Haitham Salaheldin Mohamed

Theses and Dissertations

Vocabulary has been always neglected in most of foreign language classrooms. Many strategies, techniques and activities were suggested to make vocabulary acquisition easier and sustained. Games are one of these tools offered to help in learning and teaching vocabulary. Since beliefs are the core of every discipline that deals with learning and behavior. It is important to understand what teachers and students think of games, in other words what are their beliefs towards games. This study explored student and teacher beliefs about using games in learning vocabulary in the Arabic as a Foreign Language classroom. The study aimed to answer …

Survival Strategies And Coping Mechanisms Of Syrian Female Head Of Household In Egypt, Mirette Bahgat

Theses and Dissertations

The objective of this research is to analyze the coping mechanisms that Syrian females head of household employ in Egypt in absence of survival strategies, and how different they are from the coping mechanisms employed by males head of household. The two questions I seek to answer through this research are : (1) What are the main challenges faced by Syrian female and male head of household in Egypt in five main areas: a. Safety and security b. Access to education c. Access to health services d. Social cohesion e. Access to economic opportunities and livelihoods (2) How do the …

Consensus Building In Tunisia: A Study From 2011 - 2013, Amatelrauf Tawfik Ghanem

Theses and Dissertations

In the wake of the Arab Spring that swept North Africa and the Middle East in late 2010, different processes of political change have been underway in the region with different results in the nature of each political system. Some transitioned to democracy while others to new forms of authoritarianism or underwent cosmetic reforms without any real effect on the nature of the system. The interest of this research is to examine transition to democracy. It focuses on Tunisia as a case where a democratic transition was initiated after toppling the Former President of Tunisia, Zine al-Abidine Ben Ali. Tunisia …

Taking Cues From Congress: Judicial Review, Congressional Authorization, And The Expansion Of Presidential Power, David H. Moore

Notre Dame Law Review

In evaluating whether presidential acts are constitutional, the Supreme Court often takes its cues from Congress. Under the Court’s two most prominent approaches for gauging presidential power—Justice Jackson’s tripartite framework and the historical gloss on executive power—congressional approval of presidential conduct produces a finding of constitutionality. Yet courts and commentators have failed to recognize that congressional authorization may result from a failure of checks and balances. Congress may transfer power to the President against institutional interest for a variety of reasons. This key insight calls into question the Court’s reflexive reliance on congressional authorization. Through this reliance, the Court overlooks …

The Revolving Door, Wentong Zheng

Notre Dame Law Review

The revolving door between the government and the private sector has long been presumed to lead to the capture of regulators by industry interests. A growing body of empirical literature, however, either finds no conclusive evidence of a capture effect or finds evidence of an opposite effect that the revolving door indeed results in more aggressive, not less aggressive, regulatory actions. To account for these incongruous results, scholars have formulated and tested a new “human-capital” theory positing that revolving-door regulators have incentives to be more aggressive toward the regulated industry as a way of signaling their qualifications to prospective industry …

Reflections On Comity In The Law Of American Federalism, Gil Seinfeld

Notre Dame Law Review

Comity is a nebulous concept familiar to us from the law of international relations. Roughly speaking, it describes a set of reciprocal norms among nations that call for one state to recognize, and sometimes defer to, the laws, judgments, or interests of another. Comity also features prominently in the law of American federalism, but in that context, it operates within limits that have received almost no attention from scholarly commentators. Specifically, although courts routinely describe duties that run from one state to another, or from the federal government to the states, as exercises in comity, they almost never rely on …

How Do The Variations In Military Organization Influence The Implementation Of Economic Coup Proofing Mechanisms In The Mena Region? The Cases Of Jordan, Syria And Egypt, Reem Mahmoud Abou Refaie

Theses and Dissertations

The Arab uprisings have certainly caused quiet the watershed among scholars of civil-military relations. Incumbents that were rendered coup proofed were suddenly falling victim to the mercy of their militaries. Questions like, “Why is coup proofing more successful in some cases more than others?” and “Does coup proofing work?” guided the literature on coup proofing in the last decade even more so in the last four years. Significant research has been undertaken outlining possible reasons for the success/failure of coup proofing. Some authors have even questioned the viability of the coup-proofing process, but yet, no clear reasoning for variations in …

A Review Of Decentralization And Local Development Initiatives In Egypt Between The Years Of 1994 And 2011, Soraya M. El Hag

Theses and Dissertations

The purpose of this research is to review what main decentralization initiatives have implemented in the area of decentralization and local development in Egypt, what has been achieved, and what is needed to be implemented in order to move forward in the decentralization process. Decentralization could be a solution to the local administration efficiency, which can be applied also at the central level. This research is a qualitative research done through structured interviewing and filled questionnaires from senior officials at the central government and by informant people that are experts in the area of decentralization improving local administration and development. …

Media Advocacy And Policy Making In Egypt: Sexual Harassment As A Case Study, Aya Sami Shata

Theses and Dissertations

Egypt is undergoing many reforms and advocates seek to get policy makers to adopt some policy changes that can resolve many of the social problems faced by the nation. Sexual Harassment (SH) is a serious problem that needs integrated efforts among advocates, media, policy makers and the public to fight it. Media advocacy incorporates them altogether; the media direct the light on the advocates' policy goals and solutions to influence policy makers and generate favorable public debate. The objective of the study is to examine to what extent media advocacy on SH issue in Egypt is strategically employed. It reviews …

Mthfr C677t, Pt G20120a And Fv Leiden As Risk Factors For Thrombosis In Egyptian Pediatric All Patients, Mohamed Nagy Ahmed

Theses and Dissertations

Thrombosis is a well-known side effect associated with Acute Lymphoblastic Leukemia (ALL) treatment leading to significant morbidity rates. Thrombosis occurrence in ALL patients seems to be due to the interaction between the disease, the therapy and the possible inherited genetic defects affecting the hemostatic balance. In this study we aimed to assess the prevalence of prothrombotic defects- FV Leiden, MTHFR (Methylene Tetra Hydrofolate Reductase enzyme) C677T & prothrombin (PT) G20210A mutations in Egyptian pediatric ALL patients and its impact on the risk of thrombosis onset as well as to evaluate the impact of the presence of single versus multiple prothrombotic …